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Articles 1 - 30 of 38
Full-Text Articles in Law
To Essa And Beyond: Arc Of Education Policy Bends Toward Local Authorities & Holistic Approaches, Adam Tanielian
To Essa And Beyond: Arc Of Education Policy Bends Toward Local Authorities & Holistic Approaches, Adam Tanielian
St. Mary's Law Journal
This Article presents a mixed-methods, interdisciplinary study on educational policy and practice to offer solutions to fossilized problems extant across the United States’ elementary and secondary schools. Analysis of historic Supreme Court decisions and statutes unveil compelling trends that have shaped the legal landscape over the latter half of the twentieth century. Linguistic comparisons of two milestone revisions of the 1965 Elementary and Secondary Education Act—No Child Left Behind (NCLB) and Every Student Succeeds Act (ESSA)—show Congress granted more flexibility and authority to local districts and states under ESSA, which reflected trends in Supreme Court opinions over several decades.
A …
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
The Scholar: St. Mary's Law Review on Race and Social Justice
We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
The Scholar: St. Mary's Law Review on Race and Social Justice
This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.
For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …
The United States Supreme Court’S Interpretation Of The “Establishment Clause” And How It Has Impacted Texas Politics Today, Rebecca H. Castro
The United States Supreme Court’S Interpretation Of The “Establishment Clause” And How It Has Impacted Texas Politics Today, Rebecca H. Castro
Honors Program Theses and Research Projects
The Establishment Clause, since its creation in 1787, has worked towards creating a separation of church and state rooted in religious liberty after colonists fled England and the Church of England. In the centuries that have passed, the judiciary branch of the United States has been creating lasting precedents for how the Establishment Clause should be illustrated in the National Government and in the states. However, the long-lasting division between church and state has been decreasing, especially following a recent Supreme Court decision: Kennedy v. Bremerton School District (2022). The ramifications of entangling church and the state include, but are …
Unequal Access To Higher Education: Student Loan Debt Disproportionately Impacts Minority Students., Elisa Reyes Hinojosa
Unequal Access To Higher Education: Student Loan Debt Disproportionately Impacts Minority Students., Elisa Reyes Hinojosa
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
How Scotus's Recent Decision On The Cheerleader Case Impacts Public School Students' Due Process Rights For Their Off-Campus Conduct, Abby Efron
St. Mary's Law Journal
No abstract provided.
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
Faculty Articles
As a native Texan who attended intentionally segregated Texas public schools, then an effectively segregated Texas public law school, litigated many cases against discrimination in Texas education, and now teaches Texas education law, I have what I think to be informed opinions on where we have been, where we are going, and what we should do next. I will briefly describe our sad history of discrimination in segregation, school finance, testing, higher education, and lack of responsiveness to newer issues in education at all levels. I will then summarize some of our ongoing challenges and some possible approaches that I …
The Eyes Of Texas Are Upon You: Will Affirmative Action In Texas Survive Its Endless Constitutional And Legislative Attacks?, Kathryn L. Cantu
The Eyes Of Texas Are Upon You: Will Affirmative Action In Texas Survive Its Endless Constitutional And Legislative Attacks?, Kathryn L. Cantu
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century., Albert H. Kauffman
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century., Albert H. Kauffman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh
Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh
The Scholar: St. Mary's Law Review on Race and Social Justice
Without immediate action, the “corrections” made by the Texas legislature to meet the appropriateness requirement for special education will result in imminent peril for students with an autism spectrum disorder (ASD) as well as their parents. Tens of thousands of children fall between the cracks as a result of Texas’ illegalities and the lack of responsibility Texas’ lawmakers and Texas Education Agency (TEA) have for special education. If Texas does not fully devote itself to a significant overhaul of its special education practices, students will continue to be left behind.
Congress enacted the Individuals with Disabilities Education Act (IDEA) because …
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
The Scholar: St. Mary's Law Review on Race and Social Justice
A history of school finance litigation and legislation shows there are inherent and structural problems in Texas’s education finance system. Like many government and social structures, the Texas school finance system is built to benefit school districts that have greater access to wealth to begin with and creates inequalities between rich and poor populations as well as between people of color and Caucasians. House Bill 3 went into effect in 2019 and promises improvements to “recapture” calculations, increases in certain allotments, as well as salary increases for some Texas teachers. Some changes to education finance were sorely needed such as …
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
St. Mary's Law Journal
Abstract forthcoming.
An Intersection Of Gender, Race, And Sports: Guidelines For Universities Determining Whether Athletes Accused Of Title Ix Violations Should Be Removed From Their Teams, David A. Grenardo
An Intersection Of Gender, Race, And Sports: Guidelines For Universities Determining Whether Athletes Accused Of Title Ix Violations Should Be Removed From Their Teams, David A. Grenardo
Faculty Articles
Sexual assault on college campuses remains an epidemic. As universities attempt to handle Title IX complaints regarding sexual misconduct, they must protect the academic environment and integrity of their schools. Since athletes are three times more likely to be accused of sexual assault than non-athletes, and schools have historically mishandled complaints against athletes, the proposed guidelines in this Article provide an equitable approach for determining when an athlete should be removed from his team based on accusations of a Title IX violation. The guidelines are based on the newly implemented Title IX regulations and take into account the interests and …
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
St. Mary's Law Journal
Abstract forthcoming
The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott
The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott
St. Mary's Law Journal
The Honorable Greg Abbott, Governor of the State of Texas, issued a certificate in 2019 recognizing the 50th Anniversary of the St. Mary's Law Journal and their contribution to the legal profession.
An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú
An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú
St. Mary's Law Journal
Dean Emeritus Charles E. Cantú has worked at St. Mary’s University since 1966 when Dean Ernest A. Raba first hired him. He served as the youngest law professor in the nation at the age of twenty-five, and the first full-time Hispanic law professor. After a considerable tenure working at all three locations of St. Mary’s University School of Law and serving under four of the school’s most recent former deans, this article offers his personal recollections and observations of the history of the law school from the 1960s to the present.
This article is the culmination of a ten-hour oral …
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
Faculty Articles
All of Texas was once part of Mexico. Texas has never forgotten it. This is the historical basis for much of the Texas Latino population's struggle for equal educational opportunities. This article will discuss those struggles endured by the Latino population in their quest for equal educational opportunity from the time of Texas's entry into the Union in 1845 to present-with greater emphasis on the last half century. In each Section, I will briefly describe the history of discrimination against Mexican- Americans in that segment of education history and the relationship between the developments in that segment of education history …
Getting Local Governments Where They Need To Go Without Taking Taxpayers For A Ride: "Cabs," Why They Are Used, And What Can Be Done To Prevent Their Misuse, Heather G. White
Getting Local Governments Where They Need To Go Without Taking Taxpayers For A Ride: "Cabs," Why They Are Used, And What Can Be Done To Prevent Their Misuse, Heather G. White
St. Mary's Law Journal
Abstract forthcoming
The Texas Supreme Court Retreats From Protecting Texas Students, Albert H. Kauffman
The Texas Supreme Court Retreats From Protecting Texas Students, Albert H. Kauffman
Faculty Articles
The Texas Supreme Court has now fully retreated from a powerful line of previous Texas Supreme Court decisions protecting the rights of public school students and low-wealth districts.' Returning to Texas history's dual system of poor districts and wealthy districts, the Court removed itself from its constitutional role as a vital ingredient in progressing toward school finance equity and adequacy and has instead regressed to a dual school system in Texas that is divided between poor and wealthy districts.
This regression becomes evident by analyzing seven major school finance decisions: (1) Edgewood Independent School District v. Kirby (Edgewood I); (2) …
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Scholar: St. Mary's Law Review on Race and Social Justice
This Article criticizes the 2016 Texas Supreme Court school finance decision, the latest of seven decisions starting in 1989, for its disregard of both the record in the case and the realities of the Texas Constitution and Texas politics. The Article also focuses on how standards for reviewing legislation have changed and the Texas Supreme Court's irrational and unfounded retreat to the "money doesn't make a difference" theory of school finance. Finally, the Article recommends a return to an objective, comprehensible, enforceable and constitutional system of review, and concludes with a prayer for holdings that recognize the inequities of the …
Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders), Adam J. Macleod
Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders), Adam J. Macleod
Faculty Articles
In the stories told by opinion makers and many law professors, American constitutional law is concerned with two things-individual rights and the powers of government-and it is settled by the Court, which was established by Article III of our national Constitution. In those now-familiar tales, the United States Supreme Court creates constitutional law when heroic individuals assert their fundamental rights against an overreaching state and when Congress, state legislatures, and executive agencies are called upon to justify their expert enactments to an overreaching judiciary. To settle these constitutional disputes the Court looks either to the text of the written Constitution …
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960s And 1970s., Joseph A. Custer
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960s And 1970s., Joseph A. Custer
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Empowering Special Education Clients Through Gross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon
Empowering Special Education Clients Through Gross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon
Faculty Articles
No abstract provided.
The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone
The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Linguistic Profiling In Education: How Accent Bias Denies Equal Educational Opportunities To Students Of Color., William Y. Chin
Linguistic Profiling In Education: How Accent Bias Denies Equal Educational Opportunities To Students Of Color., William Y. Chin
The Scholar: St. Mary's Law Review on Race and Social Justice
desegregation, education civil rights, Meagan Field, Jennifer Solak, William Chin, Monica Aguon, No Child Left Behind, Minority Student, The Scholar: St. Mary’s Law Review on Minority Issues, Limited English Proficient (LEP).
Equal Protection For The Gifted Student In The Public School System., Monica Aguon
Equal Protection For The Gifted Student In The Public School System., Monica Aguon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak
Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt
Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt
The Scholar: St. Mary's Law Review on Race and Social Justice
Should the public schools be allowed to segregate girls from boys in the classroom? There is a history of single-sex education in this country, but there are concerns about single gender classrooms. In recent decades, researchers have begun to assert that requiring boys and girls to be taught together has a negative impact on the educational progress because of inherent differences in boy/girl learning behavior, or even in the development of their brains. Proponents of gender exclusive classrooms point out the voluntary nature of the programs, and the explicit findings of the Department of Education justifying such programs. Opponents argue …
A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson
A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson
The Scholar: St. Mary's Law Review on Race and Social Justice
While Brown v. Board of Education sought to integrate the public school system, fifty years later many public schools remain racially identifiable. African American and Latino students attend schools which are overwhelmingly comprised of minorities. Some racially isolated schools even experienced a rise in their minority student population after the decision in Brown. While the decision narrowed racial disparities in schools, such disparities remain distressing. Data shows a large disparity in the number of higher educational degrees earned by African American and White individuals. Additionally, wage earnings of African Americans are significantly smaller compared to White wage earnings. Educational outcomes …